CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Civil Aviation Safety Authority or its predecessors issued AD/PHZL/50 affecting Hartzell five bladed turbine propellers model HC-B5MP-3 series. CASA has assessed this AD and as a result has cancelled Australian AD/PHZL/50. The cancellation will become effective on 9 April 2009. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to create regulations that support the Act's objectives, and one such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning aircraft and aeronautical products. These ADs are legislative instruments that require assessment by CASA when issued by the State of Design to ensure compliance with Australia's obligations under the Convention on International Civil Aviation. The cancellation of AD/PHZL/50 concerning Hartzell five bladed turbine propellers model HC-B5MP-3 series, effective from 9 April 2009, was conducted by CASA as part of its duty to uphold airworthiness standards without the need for public consultation or a Regulatory Impact Statement. This action aligns with CASA's responsibility under the Act to manage and enforce airworthiness directives to maintain the safety of Australian civil aviation.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the legislative framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for certain kinds of aircraft or aeronautical products. These ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and are recognised as legislative instruments pursuant to the Legislative Instruments Act 2003. The ADs are intended to address safety concerns and ensure that aircraft remain airworthy, reflecting Australia's commitment under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for continuing airworthiness. The State of Registry, in this case CASA, must then assess and implement these directives within Australia to align with international standards. The AD/PHZL/50 concerning Hartzell five bladed turbine propellers model HC-B5MP-3 series was issued and subsequently cancelled by CASA due to the resolution of the unsafe condition, with no public consultation or Regulatory Impact Statement required under the circumstances. This action was taken in accordance with the authority vested in CASA under the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. This includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments, as outlined in subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. Such directives are essential for maintaining the continuing airworthiness of aircraft types and are commonly used by ICAO Contracting States, including Australia.
The obligations placed on parties under these regulations are significant. The State of Design has the primary responsibility for ensuring the continuing airworthiness of aircraft types, as per Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to the States of Registry, who in turn are responsible for the airworthiness of individual aircraft within their jurisdiction. CASA, as Australia's national airworthiness authority, must evaluate any ADs issued by States of Design and, if necessary, issue corresponding Australian ADs. For example, CASA assessed and subsequently cancelled Australian AD/PHZL/50 concerning Hartzell five bladed turbine propellers model HC-B5MP-3 series, effective from 9 April 2009, due to the resolution of the unsafe condition.
Non-compliance with the requirements set forth in ADs can lead to serious consequences. Although specific penalties for breaching ADs are not detailed in the provided text, it is clear that failure to adhere to these directives could result in legal repercussions, including potential civil or criminal penalties. The nature and extent of these penalties would depend on the severity of the breach and the specific regulatory context in which it occurs.
The process of issuing and cancelling ADs is also governed by stringent requirements. For instance, while the cancellation of AD/PHZL/50 was due to Australia’s international obligations, no public consultation was necessary. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The ADs are issued by authorised personnel within CASA, such as the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, as per subsection 84A(2) of the Act.